West Virginia Coal Mining Accident Lawyer

Coal mining is one of the most dangerous occupations in the U.S., and mining accidents can happen even when everyone follows proper safety protocols. If you’ve been hurt at work, you may face mounting medical bills, lost wages, and an uncertain future. You need a Charleston, WV, coal mining accident lawyer on your side. We can help.

At Warner Law Offices, our award-winning attorneys have decades of experience fighting for the rights of injured miners and their families. We understand the devastating impact a mining accident can have and are committed to helping you seek the compensation you deserve. Call (304) 345-6789 or contact us online to schedule a free consultation.

Why Hire Our Coal Mining Accident Attorneys in West Virginia

At Warner Law Offices, our top-tier legal team of skilled Charleston coal mining injury attorneys is dedicated to advocating for injured miners and their families. While you focus on healing, we will:

  • Investigate and collect evidence to substantiate your case
  • Work closely with mining experts and forensic specialists  
  • Determine the cause of the accident, how it could have been avoided, and who is at fault
  • Engage in settlement negotiations on your behalf
  • Provide high-quality legal guidance and representation
  • Advocate for you in court and fight for the best outcome possible

Led by founding partner and renowned trial lawyer Bobby Warner, our award-winning attorneys have been recognized as Top 10 Personal Injury Attorneys in 2024 by Best of the Best Attorneys. We are motivated by a strong sense of justice and strive to level the playing field for our clients against powerful coal mining companies and their insurers.

“When you're injured on the job, the truth is, the odds are stacked against you. You're taking on the giant insurance companies that insure construction companies, coal companies, and oil and gas companies. Let me put my years of experience to work for you.”

Hear From Our Clients in West Virginia

We’re a small firm committed to getting big results for our clients. Our approach has earned us a strong reputation as top-tier coal mine accident lawyers in West Virginia. Our client testimonials speak for themselves:

Image showcasing Warner Law Offices, PLLC attorneys as well as how the firm has been rated five-stars and named a top personal injury law firm in the U.S

What Types of Claims Can I File in a Coal Mining Accident?

Folks injured in coal mining accidents can potentially file several types of injury claims, including workers’ compensation claims, personal injury lawsuits against negligent third parties, and deliberate intent lawsuits against their employer.

Workers' Compensation

Most employers in West Virginia are legally required to carry workers’ compensation insurance to cover their employees, so this is often the first route injured workers will turn to after an accident. Workers’ compensation provides benefits without requiring proof of fault.

Workers’ compensation will cover medical costs, part of their lost wages, and temporary or permanent disability. However, workers’ compensation usually is not enough to cover all expenses associated with mining accidents, so pursuing other avenues might be necessary.

Deliberate Intent Claims Against Employers

There is an important exception to the workers’ compensation rule barring personal injury lawsuits against your employer. Under West Virginia Code § 23-4-2, you may sue your employer if they acted with deliberate intent to cause your injury. Your claim must show that your employer intentionally exposed you to a dangerous condition, knowing that it had a high likelihood of causing injury or death.

Filing this type of case against an employer can be complicated. If you believe you have a viable deliberate intent claim, consult our skilled West Virginia mining accident lawyers as soon as possible. We can help you navigate your case through this complex area of the law.

Personal Injury Cases Against a Third Party

A third-party claim allows you to hold someone other than your employer accountable. When a third party causes your injuries, you may be able to pursue a personal injury lawsuit and hold that party liable. For instance, if equipment failures or defects caused your accident, you may be able to pursue a claim against the manufacturer.

Unlike a workers’ compensation claim, personal injury lawsuits require proving fault, so the defendant must normally be found negligent for you to recover damages. Through a personal injury lawsuit, you can pursue various types of compensation, including for medical expenses, lost wages, mental anguish, pain and suffering, loss of earning capacity, and permanent disfigurement.

Image of quote from attorney Bobby Warner
Image of quote from attorney Bobby Warner

Types of Compensation Available for Coal Mining Injuries

In most cases, employees injured at work must seek compensation through workers’ compensation. However, depending on the identity of the at-fault parties, you may also be able to secure compensation through a personal injury lawsuit. Here’s a closer look at some of the damages you may be eligible to recover:

  • Medical expenses – This includes compensation for all medical treatment related to your injuries, such as emergency room visits, hospitalizations, surgeries, doctor’s appointments, medication, and rehabilitation.
  • Lost wages – This covers the time you had to take off work due to your injury.
  • Lowered earning capacity – If your injury affects your long-term ability to perform your previous job duties, your compensation may include your lowered future earnings.
  • Pain and suffering – You can seek compensation for physical pain and suffering resulting from your injuries, as well as emotional distress.
  • Permanent disability and disfigurement – If your coal mining accident resulted in permanent disability or disfigurement, you may receive compensation for the impact on your quality of life.

We Have Secured Millions in Case Results

At Warner Law Offices, we go after every dollar our clients are entitled to. You can count on us to leave no stone unturned. We have a strong track record of consistently securing high-value case results for our clients.

Our attorneys represented the family of a coal miner who was exposed to unsafe conditions resulting in an underground collision, which caused the miner’s death. We understood the gravity of their loss and fought to secure a substantial settlement as a form of aid during a tough time for the family.

Additional workplace accident settlements our team recovered include:

  • $12 million for spinal cord injuries in a workplace accident.
  • $9 million for the wrongful death of an industrial worker.
  • $7.5 million for a client injured in a workplace accident.
  • $4.7 million for the victim of an industrial explosion.

Our Charleston mining accident lawyers are unwaveringly devoted to our clients. No matter the circumstances of your industrial mining accident case, we have the skills and resources to represent you both in and out of court. To learn more about our services, do not hesitate to schedule your free, no-obligation consultation.

How To Determine Fault in a Coal Mining Accident

Determining fault is crucial to most coal mining accident cases, particularly those involving third-party claims and personal injury lawsuits. Isolating the at-fault party is a complicated process that requires the assistance of an experienced coal mining accident claim attorney.

To identify the at-fault party, your lawyer will review accident reports, scrutinize the incident’s circumstances, and conduct a thorough investigation to collect vital evidence. Important evidence may include witness statements, vehicle and equipment maintenance logs, security camera footage, and much more. Our attorneys will work to reconstruct the incident, thoroughly examining the full circumstances to hold the at-fault party liable.

Mining companies are responsible for protecting workers from known hazards, including the risk of cave-ins and collapses. If an investigation reveals that a mine operator failed to train its workers properly, maintain equipment, or follow safety protocols, they may be responsible for resulting injuries and deaths. Our experienced Charleston coal mine injury lawyers can help hold mining companies accountable.

“When I show up at a job site where one of my clients was injured, I bring a team of experts to determine how and why the accident happened. The experts are able to rebuild the case and find out whether state or federal regulations were violated,company policies were violated. Did the company know about the unsafe conditions? Call us, and we'll build your legal team and win your case.”

Federal and State Mining Regulations

Coal mining companies must follow numerous state and federal regulations to ensure miners’ safety and prevent workplace accidents. The Department of Labor Mine Safety and Health Administration enforces mining laws and regulations at a federal level. 

In 2024, MSHA is set to ramp up enforcement efforts and increase its roster of inspectors. This renewed focus on safety aims to reduce mining accidents and ensure compliance with important safety regulations. Companies that fail to adhere to MSHA standards may face significant fines and penalties.

At the state level, the West Virginia Office of Miners’ Health, Safety, and Training oversees mining regulations and enforcement. Standards include mandatory safety training, health and safety protocols, and procedures to mitigate dangerous work conditions.

We Handle All Types of Coal Mine Accident Cases

Coal mining accidents in West Virginia often result in severe, life-altering injuries. Many are fatal. Our experienced coal mine accident attorneys in Charleston, WV, have represented clients suffering from all kinds of work-related injuries, including:

According to data from the West Virginia Office of Miners’ Health, Safety, and Training, there were 230 lost-time injuries in the state’s coal mines in 2022. Lost-time injuries are those that cause a miner to miss at least one day of work. The most common causes of these injuries were material mishandling, slips, falls, and machinery accidents.

We Also Handle Explosion Injuries

West Virginia has a long and troubling history of coal mine explosions. In April 2010, an explosion at the Upper Big Branch Mine killed 29 miners. Another mining explosion accident in West Virginia killed another 12 miners at Sago Mine in 2006. Recent Department of Labor investigations have revealed an ongoing risk of fires and explosions in mines throughout the nation, including in West Virginia.

While many mining explosion accidents in West Virginia are fatal, some leave victims suffering with life-long pain, suffering, and disability. Burns are the most common type of mining explosion injury, often requiring extensive surgery, skin grafting, and other painful procedures.

When you turn to our Charleston, WV, mining explosion attorneys, we’ll work closely with mining and occupational safety experts to determine what caused the accident. For example, methane or propane gas explosions are often preventable, and further investigation sometimes reveals that at-fault companies knew their ventilation systems were inadequate to prevent these incidents.

Lost Time Mining Injuries by Activity Chart - West Virginia Coal Mining Accident Lawyer

Schedule Your Free, No-Obligation Coal Mining Accident Case Evaluation Today

If you or a loved one suffered a coal mine injury in West Virginia, don’t wait to seek legal help from our Charleston coal mining injury lawyers. The award-winning legal team at our full-service personal injury law firm is here to fight for your rights. We offer free consultations and work on a contingency basis, so you pay nothing unless we win your case.

Let Warner Law Offices protect your legal right to compensation for injuries sustained at little to no fault of your own. Call (304) 345-6789 or reach out online to schedule your free consultation with a member of our skilled legal team. We have a proven track record and are ready to put our decades of experience to work for you.

Meet Our Attorneys

Bobby Warner Esq.

Truman Griffith Esq.​

Andrew D. Byrd Esq.​

Nate Kuratomi Esq.

Nate Kuratomi Esq.

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Our Office
Charleston, WV Office
227 Capitol Street
Charleston, WV 25301
Our Case Results
$13M
Recovered for Auto Accident Clients
$12.4M
Medical Negligence
$9M
Wrongful Death
$9M
Wrongful Death
$7M
Injured Worker
$5.5M
Truck Accident
$3M
Wrongful Death
$2.5M
Burn Injury
$2.1M
Sexual Abuse
$500K
Medical Malpractice
Attorney Bobby Warner
Content Legally Reviewed by:
Bobby Warner

Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.

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We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.

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